Civil Procedure Code, 1908, Order 22, Rule 10, Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Suit for declaration of ownership - Assignee of rights during pendency of suit - Held, assignee has a right to be impleaded as a party, he having stepped into the shoes of assignor...........
Civil Procedure Code, 1908, Section 96, Evidence Act, 1872, Section 3 -- Gift deed - Challenged to be forged and fabricated document - Dismissal of suit - Appeal against - Conflict of oral evidence - Duty of appellate Court - Held, when there is a conflict of oral evidence on any matter in issue and its resolution turns upon credibility of witnesses, the general rule is..........
Civil Procedure Code, 1908, Order 10, Rule 4(2) -- Dismissal of suit U.O.10.R.4(2) CPC - Counsel ready to facilitate the appearance of plaintiff - Held, suit could not be dismissed merely on the ground that he was unable to appear in the Court on one date of hearing - Impugned order set aside...........
Civil Procedure Code, 1908, Section 96 -- Suit for declaration - Finding of fact - Based on purely oral evidence - Testimony of all witnesses considered minutely - No interference in appeal with such finding...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Execution petition - Amendment - Title suit decreed - Execution petition for execution of decree filed - Plaintiff/Decree Holder sought amendment for substituting name of one of parties as there was error in mentioning name of party - Amendment allowed vide impugned order - Held, impugned order cannot be faulted...........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34,17, Civil Procedure Code, 1908, Section 9 -- Bar of jurisdiction - Proceedings initiated u/s 13 of the Act for recovery of secured debt - Suit for injunction filed by tenant - Held words 'any person' found in S.17 of the Act means not only a borrower, but a..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for partition - Purchaser from a co-sharer - If his sale deed is not challenged on any other ground, is entitled to be made party in the suit for the reason that he cannot be allotted a share behind his back to which he may not agree...........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- P&H - Impleadment of LRs. - Contention that defendant No.4 died during pendency of suit and her legal representatives were not impleaded - Held, contention does not help appellants because defendant No.4 herself was served in suit and was ultimately proceeded ex-parte - If thereafter defendant No.4 died, the suit could..........
Civil Procedure Code, 1908, Section 9, 41(a) - - Restraining the respondent from initiating or proceeding with any legal proceeding in the United States of America or in any forum other than this Court - Anti suit injunctions should not ordinarily be granted in view of S.41(a) and (b) of the Specific Relief Act 1963...........
Civil Procedure Code, 1908, Section 115, Order 23, Rule 1 -- Partition suit - Between mother and son - Memo for withdrawal of suit filed by plaintiff considering the welfare of her son - Court recorded memo and dismissed suit as withdrawn - Plaintiff challenged dismissal on grounds that her son had played fraud on her in filing aforesaid memo and her lower Court counsel..........
